A Theory Of Property

Author : Stephen R. Munzer
Publisher : Cambridge University Press
Page : 128 pages
File Size : 42,6 Mb
Release : 1990-01-26
Category : Philosophy
ISBN : 9781316583470

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A Theory of Property by Stephen R. Munzer Pdf

This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible. Three features of the book are especially salient: it offers a challenging new pluralist theory of justification; the argument integrates perceptive analyses of the great classical theorists Aristotle, Locke, Hegel and Marx with a discussion of contemporary philosophers such as Nozick and Rawls; and the author moves with assurance among philosophy, law and economics to present a very broad, interdisciplinary study.

Author : Gregory S. Alexander,Eduardo M. Peñalver
Publisher : Cambridge University Press
Page : 247 pages
File Size : 53,5 Mb
Release : 2012-04-09
Category : Law
ISBN : 9780521113656

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An Introduction to Property Theory by Gregory S. Alexander,Eduardo M. Peñalver Pdf

An introduction to the leading modern theories of property and applies those theories to concrete contexts in which property issues have been especially controversial.

Author : Hanoch Dagan
Publisher : Cambridge University Press
Page : 343 pages
File Size : 42,8 Mb
Release : 2021-04-15
Category : Business & Economics
ISBN : 9781108418546

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A Liberal Theory of Property by Hanoch Dagan Pdf

Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.

Author : Billy Christmas
Publisher : Routledge
Page : 250 pages
File Size : 52,5 Mb
Release : 2021-03-30
Category : Philosophy
ISBN : 9781000370072

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Property and Justice by Billy Christmas Pdf

This book gives an account of a full spectrum of property rights and their relationship to individual liberty. It shows that a purely deontological approach to justice can deal with the most complex questions regarding the property system. Moreover, the author considers the economic, ecological, and technological complexities of our real-world property systems. The result is a more conceptually sound account of natural rights and the property system they demand. If we think that liberty should be at the centre of justice, what does that mean for the property system? Economists and lawyers widely agree that a property system must be composed of many different types of property: the kind of private ownership one has over one’s person and immediate possessions, as well as the kinds of common ownership we each have in our local streets, as well as many more. However, theories of property and justice have not given anything approaching an adequate account of the relationship between liberty and any other form of property other than private ownership. It is often thought that a basic commitment to liberty cannot really tell us how to arrange the major complexities of the property system, which diverge from simple private ownership. Property and Justice demonstrates how philosophical rigour coupled with interdisciplinary engagement enables us to think clearly about how to deal with real-world problems. It will be of interest to political philosophers, political theorists, and legal theorists working on property rights and justice.

Author : James Penner,Michael Otsuka
Publisher : Cambridge University Press
Page : 253 pages
File Size : 41,6 Mb
Release : 2018-08-30
Category : Law
ISBN : 9781108422420

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Property Theory by James Penner,Michael Otsuka Pdf

The book brings together a refreshing collection of new essays on property theory, from legal, philosophical and political perspectives.

Author : Stephen R. Munzer
Publisher : Cambridge University Press
Page : 232 pages
File Size : 43,6 Mb
Release : 2001-06-18
Category : Business & Economics
ISBN : 0521640016

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New Essays in the Legal and Political Theory of Property by Stephen R. Munzer Pdf

This collection of essays examines central issues of property theory from a variety of perspectives.

Author : Robert Nichols
Publisher : Duke University Press
Page : 154 pages
File Size : 41,7 Mb
Release : 2019-12-20
Category : Social Science
ISBN : 9781478007500

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Theft Is Property! by Robert Nichols Pdf

Drawing on Indigenous peoples' struggles against settler colonialism, Theft Is Property! reconstructs the concept of dispossession as a means of explaining how shifting configurations of law, property, race, and rights have functioned as modes of governance, both historically and in the present. Through close analysis of arguments by Indigenous scholars and activists from the nineteenth century to the present, Robert Nichols argues that dispossession has come to name a unique recursive process whereby systematic theft is the mechanism by which property relations are generated. In so doing, Nichols also brings long-standing debates in anarchist, Black radical, feminist, Marxist, and postcolonial thought into direct conversation with the frequently overlooked intellectual contributions of Indigenous peoples.

Author : Stephen R. Munzer
Publisher : Cambridge University Press
Page : 508 pages
File Size : 53,7 Mb
Release : 1990-01-26
Category : Law
ISBN : 0521378869

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A Theory of Property by Stephen R. Munzer Pdf

This book represents a major new statement on the issue of property rights. It argues for the justification of some rights of private property while showing why unequal distributions of private property are indefensible.

Author : Carol M Rose
Publisher : Routledge
Page : 289 pages
File Size : 51,9 Mb
Release : 2019-09-05
Category : Social Science
ISBN : 9781000308358

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Property And Persuasion by Carol M Rose Pdf

With socialism largely discredited in recent years, the moral and legal status of private property has become an increasingly important area for discussion in contemporary political and social thought. Offering a contribution to legal theory, and to political and social philosophy, this work examines the two currently dominant traditions - those of neo-conservative utilitarianism and liberal communitarianism - emphasizing the strengths of both approaches and laying the groundwork for a theory to bridge the gap between them.

Author : Svetozar Pejovich
Publisher : Unknown
Page : 696 pages
File Size : 48,7 Mb
Release : 2001
Category : Right of property
ISBN : UCSC:32106016942424

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The Economics of Property Rights: Property rights and economic performance by Svetozar Pejovich Pdf

Author : David P. Ellerman
Publisher : World Bank Publications
Page : 32 pages
File Size : 51,6 Mb
Release : 2024-06-22
Category : Electronic
ISBN : 8210379456XXX

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Introduction to Property Theory by David P. Ellerman Pdf

This paper inaugurates the mathematical treatment of property theory, proving the two fundamental theorems for the property system that correspond to the two fundamental theorems for the competitive price system.

Author : Anthony Parel,Thomas Flanagan
Publisher : Wilfrid Laurier Univ. Press
Page : 404 pages
File Size : 41,7 Mb
Release : 2006-01-01
Category : Philosophy
ISBN : 9780889206533

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Theories of Property by Anthony Parel,Thomas Flanagan Pdf

The essays in this book began as a contributions to a Summer Workshop arranged by the Calgary Institute for the Humanities, and haled at the University of Calgary from July 7 to 14, 1978. The Institute, which was founded by the University in 1976 for the encouragement of humanistic studies, has held such conferences each summer as a part of its programme of research.

Author : John Christman
Publisher : Oxford University Press
Page : 232 pages
File Size : 55,5 Mb
Release : 1994-07-14
Category : Philosophy
ISBN : 9780195358889

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The Myth of Property by John Christman Pdf

The Myth of Property is the first book-length study to focus directly on the variable and complex structure of ownership. It critically analyzes what it means to own something, and it takes familiar debates about distributive justice and recasts them into discussions of the structure of ownership. The traditional notion of private property assumed by both defenders and opponents of that system is criticized and exposed as a "myth." The book then puts forward a new theory of what it means to own something, one that will be important for any theory of distributive justice. This new approach more adequately reveals the disparate social and individual values that property ownership serves to promote. The study has importance for understanding the reform of capitalist and welfare state systems, as well as the institution of market economies in former socialist states, for the view developed here makes the traditional dichotomy between private ownership capitalism and public ownership socialism obsolete. This new approach to ownership also places egalitarian principles of distributive justice in a new light and challenges critics to clarify aspects of property ownership worth protecting against calls for greater equality. The book closes by showing how defenders of egalitarianism can make use of some of the ideas and values that traditionally made private property appear to be such a pervasive human institution.

Author : Gregory S. Alexander
Publisher : Oxford University Press
Page : 393 pages
File Size : 45,7 Mb
Release : 2018
Category : Law
ISBN : 9780190860745

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Property and Human Flourishing by Gregory S. Alexander Pdf

Many people assume that what morally justifies private ownership of property is either individual freedom or social welfare, defined in terms of maximizing personal preference-satisfaction. This book offers an alternative way of understanding the moral underpinning of private ownership of property. Rather than identifying any single moral value, this book argues that human flourishing, understood as morally pluralistic and objective, is property's moral foundation. The book goes on to develop a theory that connects ownership and human flourishing with obligations. Owners have obligations to members of the communities that enabled the owners to live flourishing lives by cultivating in their community members certain capabilities that are essential to leading a well-lived life. These obligations are rooted in the interdependence that exists between owners and their community members, and inherent in the human condition. Obligations have always been inherent in ownership. Owners are not free to inflict nuisances upon their neighbors, for example, by operating piggeries in residential neighborhoods. The human flourishing theory explains why owners at times have obligations that enable their fellow community members to develop certain necessary capabilities, such as health care and security. This is why, for example, farm owners may be required to allow providers of health care and legal assistance to enter their property to assist employees who are migrant workers. Moving from the abstract and theoretical to the practical, this book considers implications for a wide variety of property issues of importance both in the literature and in modern society. These include questions such as: When is a government's expropriation of property legitimated for the reason it is for public use? May the owner of a historic or architecturally significant house destroy it without restriction? Do institutions that owned African slaves or otherwise profited from the slave trade owe any obligations to members of the African-American community? What insights may be gained from the human flourishing concept into resolving current housing problems like homelessness, eviction, and mortgage foreclosure?

Author : J. E Penner
Publisher : Oxford University Press
Page : 257 pages
File Size : 45,8 Mb
Release : 2020-02-14
Category : Law
ISBN : 9780192565792

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Property Rights: A Re-Examination by J. E Penner Pdf

Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and rejects, once again, the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title: the right to immediate, exclusive, possession, the power to license what would otherwise be a trespass, and the power to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld's concept of 'multital' jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner's liberty to use her property and her 'right to exclude', with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use- or usufructory-right. Part 3 concludes by addressing the ever-vexed question of property rights in land.